Case Details

Citation(s)
2001 SLG 3033 = 2001 SLD 3033 = 2001 YLR 168
Court of Special Judge, Karachi
First Rent Appeal No.484 of 1999, decided on 29th January, 2001.
Presented By: Sabihuddin Ahmed, J
Ajeebullah for Appellant. Malik Khushhal for
Respondent.

AMIR HAMID‑‑‑Appellant

VERSUS

Mst. SAEEDA BEGUM‑‑‑Respondent

Law:

Section:

Administration of justice Law would prefer adjudication on merits‑‑‑‑Technicalities not to be allowed to stand in the way of substantial dispensation of justice. Mohammed Mateen v. Khursheed Dosoo Durabji Markar and others 1988 CLC 711; Mukhtar Begum v. Dildar Begum NLR 1992 AC 764 and Rehman Weaving Factory v. Industrial Development Bank PLD 1981 SC 21 ref.   ORDER I have heard both the learned counsel at length on different aspect of the controversy and therefore intend to dispose of this appeal finally. 2. The respondent had sought ejectment of the appellant on different grounds and the same was dismissed ‑for non‑prosecution by the learned Rent Controller on 18‑7‑1998 when it was fixed for filing affidavit‑in- evidence but no appearance was made on behalf of the respondent. An application for restoration was filed after 53 days of the order of dismissal which was dismissed on 9‑12‑1998. However an application for revival of this application was granted and the dismissal in default, dated 9‑12‑1998 was set aside vide the impugned order, dated 17‑7‑1999. The appellant/tenant has come in appeal against the aforesaid order. Mr. Malik Khushhal learned counsel for the respondent raised a preliminary objection to the effect that this appeal was only against an interim order and was therefore not maintainable. He relied upon Mohammed Mateen v. Khursheed Dosoo Durabji Markar and others (1988 CLC 711) in support of his point of view. On the other hand Mr. Ajeebullah learned counsel for the appellant vehemently contended that where an order went to the root of the controversy in rent proceedings it could not be described as an interim order for the purpose of section 21 of the Sindh Rented Premises Ordinance, 1979. He referred to a few judgments under the 1959 Ordinance but the only judgment relatable to the present statute appeared to be Mukhtar Begum v. Dildar Begum (NLR 1992 AC 764). In this case, an appeal was preferred against an order of the learned Rent Controller refusing to strike off the defence of the tenant and an objection as to its maintainability was taken by the tenant. Mukhtar Ahmed Junejo, J. (as his lordship then was) after reviewing a number…
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